Common use of Assistance with Permits and Utility Agreements Clause in Contracts

Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.8), the Province shall, in response to any reasonable request by the Contractor in relation to such required arrangements, provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including, in any case where the Province concludes that a third party is acting unreasonably in relation to the shared-use nature of the TUC, the exercise by the Province of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the Province to exercise such legal rights and remedies. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs):

Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 (Contractor Solely Responsible for Project) to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.84.7 (Utility, Railway and Drainage Agreements)), the Province shall, in response to any reasonable request by the Contractor in relation to such required arrangements, provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including, in any case where the Province concludes that a third party is acting unreasonably in relation to the shared-use nature of the TUC, the exercise by the Province of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the Province to exercise such legal rights and remedies. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs):